On 8 February 2023 the Victorian parliament introduced the Health Legislation Amendment (Information Sharing) Bill 2023 (Vic)(Bill). The Bill was passed on 9 March 2023.
The Bill places a positive obligation on the Victorian Department of Health Secretary to establish and maintain an electronic patient health information system (System) (see Bill, Part 6C, Division 2 and Division 3). The purpose of the System is to create a 'single, secure platform for health records, [to] enable interchange of information between health services when required, improve patient safety, decrease avoidable harm and deliver person-centred care' (Second Reading Speech, Ms Thomas, delivered 8 February 2023).
Who will be able to access and use the System?
The System will be accessible by 'participating health services', including:
- public hospitals;
- multipurpose services;
- denominational hospitals;
- metropolitan hospitals;
- public health services;
- the Ambulance service;
- community health centres;
- State-funded residential aged care services;
- certain mental health services; and
- other prescribed entities (Bill, s 134ZE).
The Bill enables a 'person employed or engaged by a participating health service who is authorised by the participating health service' to access the System for the 'purpose of providing medical treatment' (Bill, s 134ZF(1)(b)) (emphasis added). Importantly, insurance companies will not have access to the System (Bill, s 134ZM).
The Bill includes penalties for unauthorised access to the System (up to A$44,300 or two years imprisonment).
What will be stored on the System?
The System will maintain specified health information prescribed by the State, which may include (but is not limited to):
- medical images;
- laboratory results;
- medication lists; and
- patient allergies (Bill, s 134 ZE).
A 'participating health service' will be permitted to collect, use or disclose specified patient health information held on the System without the consent of the person to whom the information relates (Bill, s 134ZL).
When can the System be accessed?
Accessing information held on the System will only be permitted for the 'purpose of providing medical treatment' (Bill, s 134ZM), and such access will be exempt from freedom of information requests. However, patients will be able to obtain information about who has accessed their health information through an in-built audit mechanism.
The burden of ensuring information stored on the System is accessed and used appropriately will reside with the participating health service.
If you would like assistance understanding how the changes could affect your hospital, practice or business, please contact us for a confidential discussion.
